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Acceptable Use Policy & Service Agreement

 

This Acceptable Use Policy (AUP) is designed to protect ServerYard.com (Server Yard) - Prospect Response LLC, its customers and others from illegal, malicious, damaging and inappropriate behavior by customers of our services. Use of Server Yard Services constitutes acceptance and agreement of this AUP.

This AUP may be changed from time to time at the discretion of Server Yard. Customer understands that change to the AUP by Server Yard shall not be grounds for early contract termination or non-payment.

IMPORTANT NOTE - Server Yard reserves the right to discontinue service, or deny access to anyone who violates our AUP WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to such violation.

SPAM, Unsolicited Bulk Email (UBE) and Unsolicited Commercial Email (UCE):

Server Yard takes a zero tolerance approach to the sending of UCE, UBE or SPAM over our network. Server Yard defines SPAM, UBE, or UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.

Very simply this means that customers of Server Yard may not use or permit others to use our network to transact in UCE, UBE or SPAM. Customers of Server Yard may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service without notice.

Examples of activities that include SPAM include but not limited to:
• Any email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.
• Forging any TCP/IP packet header or any part of the header information in any message.
• "Mail bombing" or sending numerous copies of the same or substantially similar message with the intent of disrupting a server or account.
• Spamming Newsgroups: Any advertisements in newsgroups that bring about complaints.
• Mail that is used to harass or intimidate others, whether through language, frequency of messages, or size of messages. You must stop sending email to a person when they request removal.

Any domain sending stealth SPAM will be terminated without warning and without refund.

Upon notification of an alleged violation of our SPAM policy, Server Yard will initiate an immediate investigation. During the investigation, Server Yard may restrict customer access to the network to prevent further violations by suspending the offending account. If a customer is found to be in violation of our SPAM policy, Server Yard may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Server Yard reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Server Yard will notify law enforcement officials if the violation is believed to be a criminal offense. A clean-up fee of $25 will be assesed before a suspended account is re-activated.

As our customers are ultimately responsible for the actions of their clients over the Server Yard network, it is in customer's best interest that customers develop a similar, or stricter, policy for their clients. Our customers will be held responsible for the actions of their clients hosted on our network.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of Server Yard is strictly prohibited. This includes, but is not limited, to the following:

• Unauthorized use or access of other people's accounts or computers, data access or logging into a server or account. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
• Abuse of server resources.
• Displaying material that exploits children under 18 years of age.
• Running IRC, bots or clients on shared servers.
• SPAM, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Server Yard to be unacceptable use of Server Yard services.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures of any host.
• Taking any action in order to obtain services to which such customer is not entitled.
• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
• Attempting to interfere with service to any customer, host or network, including, without limitation, through overloading, "flooding", "mail bombing" or "crashing".
• Use of our services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks.
• Engaging in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference of, the ability of others to effectively use our services (or any connected network, system, service or equipment) or conduct their business over the Internet.
• Providing material that is grossly offensive to the Web community.
• Acts of copyright infringement including offering pirated computer programs or links to such.
• Each shared web hosting account comes with its own CGI-BIN, in which you are free to use any scripts you wish. However, these scripts may not interfere with performance of the servers by depleting server resources, thereby affecting other customers on the server.
• We do not allow clients to send more than 1500 pieces of e-mail per day from a shared hosting account. If you do send more than this number per day, you must purchase a virtual mail hosting account which will allow you to send more email through your account.

Network Security:

Customers may not use the Server Yard network to circumvent or compromise customer authentication or security of any host, network, or account. This includes, but is not limited to, accessing unauthorized data, any unauthorized access, password cracking, probing of networks seeking vulnerabilities, or violation of any security policy. Any denial of service is also expressly prohibited. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or web site is responsible for violation of this policy, Server Yard will shut it down immediately. In addition, you’ll be liable to pay any charges resulting from the cost of correcting security breaches originating from your server(s).

Other Activities:

Engaging in any activity that, in Server Yard's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with or be harmful to) the Services, Server Yard's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Server Yard's customers to effectively use the Services is prohibited. In addition, the failure to cooperate with Server Yard in correcting or preventing violations of this AUP is a violation.

In general, Server Yard does not monitor its customers' web sites or activities to determine whether they are in compliance with this AUP. However, when Server Yard becomes aware of any violation of this AUP, Server Yard may take any action to stop or correct such violation, including, but not limited to, shutting down a web site, denying access to subscribed Services, and/or removing information. In addition, Server Yard may take action against a customer or a customer of such customer because of the activities of such customer. Server Yard reserves the right to take any such action even though such action may affect other customers of the customer.

If an account has been suspended due to any abuse issue, a clean-up fee of $25 will be assesed before it can be re-activated. Reseller accounts with more than 1 account suspended due to any abuse issue will be billed at least $75 clean-up fee before being re-activated. An additional sysadmin fee may be assessed billed at $45 per hour in one hour increments at the discretion of Server Yard. Any AUP violation can only be resolved and tracked via our trouble ticket system. No AUP violation issues can be resolved via email, phone or live chat.

Disclosure to Law Enforcement:

Server Yard may disclose any and all customer information including account history, account use, assigned IP addresses, etc. to any law enforcement agent who makes a written request or order to comply with a court order to assist in any investigations, in order to protect Server Yard or others from harm, and/or to ensure the proper operation of our services without any consent or notification to the customer. In addition Server Yard shall have the right to terminate all service set forth in this Agreement.

Service Rates:

Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to customer. Customer is aware that Server Yard may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:

All accounts are set up on a pre-pay basis. Any new accounts will be activated after payment has been cleared. Setup fees charged on new accounts, fees assessed due to account changes (e.g. account upgrades, addition of extra services, etc), late fees, cancellation fees and domain registration fees are non-refundable. All pricing is guaranteed for the term of pre-payment. Subsequent payments are due on the anniversary billing date of your hosting plan for the next term. Your account will automatically renew after each payment. Your account will also be automatically invoiced and renewed on the anniversary billing date. All payments are in U.S. dollars.

Payments and Fees:

Server Yard will bill each client $25.00 per returned payment, check or per wire transfer received, and $50 per credit card chargeback received. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to a $25 reconnection charge. Accounts not paid by due date are subject to a $8.95 late fee. Customers with Free Developer Hosting who fail to meet their referral obligation will have their accounts automatically past due on the next invoice date unless payment is made on the billing date when the invoice is created. Accounts not collectable by Server Yard may be turned over to an outside collection agency for collection. Accounts turned over for collection will be assessed a "Processing and Collection" Fee of not less than $50 and not more than $150.

Refund and Disputes:

Server Yard offers a 30-day money-back guarantee. This does not include the non-refundable services mentioned above, and will be null and void after the 30th day. Any overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

Failure to Pay:

Services may be temporarily denied, or this Agreement terminated, upon the failure of customer to pay charges when due. The customer will still be held responsible for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts with payments 14 days and above past due may be deleted without notice to the customer.

Customer understands and agrees that any domain names associated with payment delinquent accounts automatically become unpaid. Customer understands and agrees that such domain names may have their ownership taken over and administered by Server Yard until such a time that the accounts become fully paid up.

How To Cancel Your Account:

All requests to cancel any account must be done through the Cancellation Form at serveryard.com/cancel. This form is the only way to cancel your services with us. No calls or emails to any department will preserve any cancellation deadlines. A cancellation ticket will be generated once you fill this form.

To cancel your hosting package you must notify us at least 7 days before the next billing period. If cancellation request is not received within this time, no refund will be given for monthly or quarterly plans; or your account will be assessed 30% of the next billing cycle fees for plans 6 months or longer to complete immediate cancellation. This will be in addition to monthly prorated charges accrued until the date of cancellation, any late fee and reconnection fee if applicable. Prorated charges are calculated on a month to month basis, i.e. any section of a month is billed as one month.

No refunds can be issued unless you are cancelling your account within our 30-day day money-back guarantee period unless cancellation is after renew date as above.

After logging a cancellation ticket, allow 1-2 weeks for your refund to be processed. Setup fees, account add-on services, domain registration and any cancellation charges are always non-refundable. A refund for recurring payments can only be issued if the cancellation is within 7 days before the next billing period, or if the prorated charges, cancellation charges, late fee and reconnection fee have been assessed if applicable.

Any fees that are due before the cancellation will be assessed. Any domains registered through us will be released to the Customer as long as all invoices have been paid. Customer understands that Server Yard will only release such domain(s) once all fees have been paid in full. Server Yard may require that customer faxes billing confirmations that have not been received before cancellation and domain release can be completed.

Liability For Damages:

Customer acknowledges that the service provided is of such a nature that it can be interrupted for many reasons other than the negligence of Server Yard, and that damages resulting from any interruption are difficult to ascertain. Therefore, customer agrees that Server Yard shall not be held liable for any damages arising from such causes beyond the direct and exclusive control of Server Yard. Customer further acknowledges that in any event, Server Yard's liability may not exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall Server Yard be liable for any special or consequential damages, loss or injury.

New Domain Accounts:

All new web hosting accounts involving new domains will be set up and entered into our DNS servers as soon as they are registered. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.

Server Yard will register new domains on behalf of our clients. You understand that domain registration is always non-refundable. You also understand and agree that you do not own any domain registered by Server Yard until your payment has been successfully processed.

Transfer of Domains:

New web hosting accounts which involve the transfer of a domain from another provider to Server Yard will require a minimum of seven (7) days to be set up and entered into our DNS servers. Although DNS information will usually be entered immediately upon account creation, in some extreme cases, domain name transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Server Yard on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

In the event of a charge-back by a credit card company, payment delinquency (or any action that renders the domain unpaid) in connection with the payments of the registration fee for Customer's domain name registration, or Customer account that includes domain registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Server Yard as the paying entity for that registration and that Server Yard reserves all rights regarding such domain name including, without limitation, the right to making the domain name available to other parties for purchase. Customer also understands and agrees that Server Yard will reinstate Customer's domain name registration solely at Server Yard's discretion, and subject to our receipt of the delinquent charges including initial registration or renewal fee and our then-current reinstatement fee.

Customer also understands that renewal/re-activation of expired domains will be charged a minimum of $30 within 30 days after expiration subject to domain's availability, or $180 after 30 days subject to domain's availability. Customer understands that the domain may not necessarily be available after its expiration date.

Support Boundaries:

Server Yard provides technical support to our customers. We limit our technical support only to our area of expertise: support related to the physical functioning of your server or virtual site.

Server Yard does not offer tech support for application specific issues such as CGI programming, html, script integration or any other such issues. Server Yard only offers automated installation of third party scripts through customer control panel. Server Yard does not offer support for these third party scripts.

In the event that Server Yard offers support for third party scripts, Server Yard will bill $45 per hour billed in one hour increments.

Server Yard does not provide technical support for YOUR customers. Support is provided at http://www.ServerYard.com/support.

Network Usage:

IP Address Ownership:

Server Yard assigns customer an Internet Protocol (IP) address for customer's use. Customer understands that the right to use that IP address shall belong only to Server Yard, and customer shall have no right to use that IP address except as permitted by Server Yard in its sole discretion in connection with the Services, during the term of this Agreement. Server Yard shall maintain and control ownership of all IP numbers and addresses that may be assigned to customer by Server Yard. Server Yard reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion.

Bandwidth and Disk Usage:

Customer agrees that bandwidth and disk usage shall not exceed that ordered by customer on the Order Form (the "Agreed Usage"). Server Yard will monitor customer's bandwidth and disk usage. Server Yard reserves the right to take corrective action if customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include giving the customer the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service accordingly. Server Yard may also disconnect or discontinue any and all Services, or terminate this Agreement, at Server Yard's sole and absolute discretion. If Server Yard takes any corrective action under this section, customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the bandwidth allocation, Server Yard may, at its sole discretion, collect a deposit, in an amount determined by Server Yard, against customer's account.

Responsibility for Content:

You, as Server Yard's customer, are solely responsible for the content stored on and served by your Server Yard account or server. At Server Yard, we choose not to allow any illegal content on our network, any pornographic content or any content involved in copyright or trademark infringement. Server Yard has the sole discretion to determine what constitutes unacceptable content on our network.

Affiliate Commissions:

Affiliate Commissions will be paid around the 15th day of the following month for orders made 60 days or more, provided you have accumulated $50 or more. Commissions will be paid by check or via PayPal, or your affiliate credit added to your account with us. Commissions less than $50 may be paid upon customer request.

Affiliates may not sign up from their own affiliate links, thereby earning commissions from their own purchases. Any such commissions recorded by our system will be nullified.

Indemnification:

Server Yard wishes to emphasize that in agreeing to this AUP, customer indemnifies Server Yard for its violation that results in loss to Server Yard or the bringing of any claim against Server Yard by any third-party. This means that if Server Yard is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Server Yard, plus all costs and attorney's fees.

Miscellaneous Provisions:

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by Server Yard of any breach of any provision of this Agreement by customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Customer shall not transfer or assign this Agreement without the prior written consent of Server Yard. Server Yard may assign Agreement at anytime without consent from or notice to customer. Server Yard reserves right to cancel customers rights under this contract at anytime without further obligation. Server Yard reserves the right to deny or terminate its services at any time without prior notice and without further obligation.

Server Yard takes no responsibility for any material input by others and not posted to the Server Yard Network by Server Yard. Server Yard is not responsible for the content of any other web sites linked to the Server Yard Network; links are provided as Internet navigation tools only. Server Yard disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Server Yard is not responsible for any damages your business may suffer. Server Yard does not make implied or written warranties for any of our services. Server Yard denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Server Yard.

 

 

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